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(2) Technical Review Criteria (TRC) violations, defined here as those <br />in which thirty-three percent or more of all of the measurements <br />for each pollutant parameter taken during a six-month period equal <br />or exceed the product of the daily max;nnan limit or the average <br />limit miltiplied by the applicable TRC (TRC=1.4 for BOD,TSS, fats, <br />oil and grease, and 1.2 for all other pollutants except pH); <br />(3) Any other violation of a pretreatment effluent limit (daily maximtmi <br />or longer term average) that the Service Director determines has <br />caused, alone or in combination with other discharges, interference <br />or pass through (including endangering the health of POTW personnel <br />or the general public); <br />(4) Any discharge of a pollutant that has caused imminent endangerment <br />of human health, welfare or to the environment or has resulted in <br />the POTW's exercise of emergency authority to halt or prevent such <br />a discharge; <br />(5) Failure to meet, within 90 days after the schedule date, a <br />compliance schedule milestone contained in a wastewater discharge <br />permit or enforcement order for starting construction, completing <br />construction, or attainin~u final compliance; <br />(6) Failure to provide, within 30 days after the due date, required <br />reports such as baseline monitoring reports, 90 day compliance <br />reports, periodic self-monitoring reports, and reports on <br />compliance with compliance schedules; <br />(7) Failure to accurately report noncompliance; <br />(8) Any other violation or group of violations which the Service <br />Director determines will or has adversely affected the operation <br />or implementation of the City's pretreatment program." <br />SECTION 8: Section 917.99 of the Codified Ordinances of the City of <br />North Olmsted, Ohio, which now reads as follows: <br />"917.99 PENALTY. <br />(a) Any discharger that violates any provision of this chapter or any <br />order made thereunder is guilty of a misdemeanor of the first <br />degree. Each day during which each violation continues shall be <br />considered a separate offense. <br />(b) Any discharger violating any of the provision of the Codified <br />Ordinances, or who discharges or causes a discharge producing a <br />deposit or obstruction, or cause damage to or impairs the City's <br />sewage disposal system shall be liable to the City for any <br />expense, loss or damage caused by such violation or discharge. <br />The City shall bill the discharger for the costs incurred by the <br />City for any cleaning, repair or replacement work caused by the <br />violation or discharge. <br />-8- <br />